
- •§ 1.Syn Synopsis to Chapter 1: preliminary definitions
- •§ 2.Syn Synopsis to Chapter 2: offers; creation and duration of power of acceptance
- •§ 3.Syn Synopsis to Chapter 3: acceptance and rejection of offer
- •§ 4.Syn Synopsis to Chapter 4: indefiniteness and mistake in expression
- •§ 5.Syn Synopsis to Chapter 5: reasons for enforcement of promises; acts, forbearances and promises given in exchange
- •§ 6.Syn Synopsis to Chapter 6: consideration-mutuality of obligation-requirements and output contracts-effect of option
- •§ 7.Syn Synopsis to Chapter 7: consideration-effect of pre-existing duty
- •§ 8.Syn Synopsis to Chapter 8: reliance on a promise as ground for enforcement: the doctrine of promissory estoppel
- •§ 9.Syn Synopsis to Chapter 9: past consideration and moral obligation
- •§ 10.Syn Synopsis to Chapter 10: contracts under seal, recognizances, negotiable instruments and documents, and ...
- •§ 11.Syn Synopsis to Chapter 11: option contracts and rights of first refusal the legal relations of the parties
- •§ 12.Syn Synopsis to Chapter 12: history and legal operation of the statute
- •§ 13.Syn Synopsis to Chapter 13: statute of frauds-oral variation or rescission; contracts partly within
- •§ 14.Syn Synopsis to Chapter 14: statute of frauds-manner of raising defense; remedies of restitution and reformation
- •§ 15.Syn Synopsis to Chapter 15: statute of frauds-debts of another-suretyship and guaranty
- •§ 17.Syn Synopsis to Chapter 17: statute of frauds-interests in land
- •§ 18.Syn Synopsis to Chapter 18: interests in land-effect of part performance of oral contract
- •§ 19.Syn Synopsis to Chapter 19: statute of frauds-contracts not to be performed within one year
- •§ 20.Syn Synopsis to Chapter 20: statute of frauds-contracts in consideration of marriage
- •§ 22.Syn Synopsis to Chapter 22: substance of the memorandum: its nature and contents
- •§ 23.Syn Synopsis to Chapter 23: formal requirements-writing-signature-oral evidence
- •§ 24.Syn Synopsis to Chapter 24: interpretation of contracts
- •§ 25.Syn Synopsis to Chapter 25: interpretation- the process called implication
- •§ 26.Syn Synopsis to Chapter 26: the ''parol evidence rule''
- •§ 27.Syn Synopsis to Chapter 27: capacity of parties
- •§ 29.Syn Synopsis to Chapter 29: unconscionability and the duty to read
- •§ 30.Syn Synopsis to Chapter 30: definitions and terminology-conditions classified
- •§ 31.Syn Synopsis to Chapter 31: express conditions-and promises
- •§ 32.Syn Synopsis to Chapter 32: constructive conditions-failure to perform the agreed exchange
- •§ 33.Syn Synopsis to Chapter 33: constructive conditions in sale of goods
- •§ 36.Syn Synopsis to Chapter 36: substantial performance, its character and effect
- •§ 37.Syn Synopsis to Chapter 37: condition of performance on time-condition of notice
- •§ 38.Syn Synopsis to Chapter 38: aleatory contracts-no agreed exchange of performances
- •§ 40.Syn Synopsis to Chapter 40: elimination of conditions by waiver or prevention
- •§ 41.Syn Synopsis to Chapter 41: preliminary analysis-issues and terminology
- •§ 56.Syn Synopsis to Chapter 56: forseeability-anticipated profits-degrees of uncertainty
- •§ 57.Syn Synopsis to Chapter 57: alternative measures-expenditures-avoidable consequences-interest-anticipatory breach
- •§ 58.Syn Synopsis to Chapter 58: liquidated damages and penalties
- •§ 59.Syn Synopsis to Chapter 59: mental suffering-punitive damages-lending money-alternative of contracts-contracts ...
- •§ 60.Syn Synopsis to Chapter 60: building contracts-employment-sales of land-sales of goods
- •§ 61.Syn Synopsis to Chapter 61: common law and equity-general requirements for obtaining restitution
- •§ 62.Syn Synopsis to Chapter 62: restitution in favor of a plaintiff in default
- •§ 63.Syn Synopsis to Chapter 63: adequacy of other remedies
- •§ 64.Syn Synopsis to Chapter 64: special reasons for refusing specific enforcement
- •§ 65.Syn Synopsis to Chapter 65: mutuality of remedy-negative contracts-liquidated damages
- •§ 66.Syn Synopsis to Chapter 66: election of remedies
- •§ 67.Syn Synopsis to Chapter 67: performance-tender-rescission-release- gift-surrender-cancellation- contract not to sue
- •§ 68.Syn Synopsis to Chapter 68: discharge by nonperformance of condition- breach-failure of consideration- ...
- •§ 69.Syn Synopsis to Chapter 69: the legal operation of an executory accord
- •§ 74.Syn Synopsis to Chapter 74: impossibility of performance- personal inability
- •§ 75.Syn Synopsis to Chapter 75: death or destruction of specific things- prorating available supply
- •§ 79.Syn Synopsis to Chapter 79: introduction to contracts contrary to public policy
- •§ 81.Syn Synopsis to Chapter 81: contracts involving familial relationships
- •§ 89.Syn Synopsis to Chapter 89: the effects of being contrary to public policy and the availability of restitution
§ 25.Syn Synopsis to Chapter 25: interpretation- the process called implication
§ 561 The Relation Between Interpretation and ''Implication''
§ 562 Implied Promises Are Also Express Promises, Found by Process of Interpretation
§ 563 Use of the Phrase ''Contract Express or Implied''
§ 564 Effect of an Express Promise in Excluding the Implication of a Different One
§ 565 The ''Implication'' of Conditions and Promises in the Field of Impossibility and Frustration
§ 566 Factors Affecting the Implication of a Promise to Pay for Personal Service Rendered
§ 567 Implied Promises in Contracts of Agency and Service
§ 568 Implied Promises in Commercial Transactions
§ 569 Implication of Promises in ''Total Requirement'' and ''Total Output'' Contracts
§ 570 Implied Promises to Perform a Condition or to Render Co-Operation That Is Necessary to Another's Performance
§ 571 Implied Promise Not to Hinder or Delay Performance by the Other Party
§ 572 Implied Promise to Perform the Condition of a Penal Bond
§ 572A Implied Promise in a Contract of Insurance or Indemnity
Supp. To CHAPTER 25 INTERPRETATION-THE PROCESS CALLED IMPLICATION 13
Supp. to § 561 The Relation Between Interpretation and ''Implication''
Supp. to § 562 Implied Promises Are Also Express Promises, Found by Process of Interpretation
Supp. to § 563 Use of the Phrase ''Contract Express or Implied''
Supp. to § 564 Effect of an Express Promise in Excluding the Implication of a Different One
Supp. to § 565 The ''Implication'' of Conditions and Promises in the Field of Impossibility and Frustration
Supp. to § 566 Factors Affecting the Implication of a Promise to Pay for Personal Service Rendered
Supp. to § 567 Implied Promises in Contracts of Agency and Service
Supp. to § 568 Implied Promises in Commercial Transactions
Supp. to § 569 Implication of Promises in ''Total Requirement'' and ''Total Output'' Contracts
Supp. to § 570 Implied Promises to Perform a Condition or to Render Co-operation That Is Necessary to Another's ...
Supp. to § 571 Implied Promise Not to Hinder or Delay Performance by the Other Party
Supp. to § 572 Implied Promise to Perform the Condition of a Penal Bond
Supp. to § 572A Implied Promise in a Contract of Insurance or Indemnity
CHAPTER 26 THE ''PAROL EVIDENCE RULE'' 25
§ 26.Syn Synopsis to Chapter 26: the ''parol evidence rule''
§ 573 The Rule Is a Rule of Substantive Contract Law, Not a Rule of Evidence
§ 574 All Contracts Can Be Discharged by a Substituted Agreement
§ 575 Statute of Frauds Compared With the ''Parol Evidence Rule''
§ 576 Does the ''Parol Evidence Rule'' Exclude Parol Evidence?
§ 577 Evidence That No Contract Has Been Made or That an Existing Document Was Not Executed as a Contract
§ 578 Effect of Express Written Statement That There Have Been No Extrinsic Representations, Warranties, or Other ...
§ 579 Parol Evidence Admissible for Purposes of Interpretation
§ 580 Oral Proof of Fraud, Illegality, Accident, or Mistake
§ 581 Partial Integration-Reduction of Only Part of an Agreement to Writing
§ 582 Evidence That the Writing Was Not Assented to as a Complete and Accurate Integration
§ 583 Oral Testimony of Additional Terms Not Expressed in Writing
§ 584 Rule in Restatement, Contracts, Section 240(1)
§ 585 Additional Oral Promises and Warranties
§ 586 Evidence Showing the True Consideration and That Acknowledgment of Payment Is Untrue
§ 587 Deeds, Leases, Bonds, Bills, and Notes Are Generally Not Complete Integrations of a Contract
§ 588 What Is a ''Written Contract'' or an ''Integration''? A Note or Memorandum Is Not an ''Integration''
§ 589 Evidence That a Written Contract Is Subject to an Oral Condition
§ 590 Proof of Fundamental Assumptions on Which Agreement Was Based
§ 591 Evidence That One Promise in a Contract Is Conditional Upon a Return Performance-Failure of Consideration
§ 592 Evidence of Oral Conditions Not Constituting the Agreed Exchange
§ 593 Oral Evidence Admissible to Overcome Presumptions and Inferences
§ 594 Oral Testimony Admissible to Prove a Collateral and Separate Agreement
§ 595 Question of Law or Question of Fact
§ 596 Application of the Rule for or Against Third Persons
Supp. To CHAPTER 26 THE ''PAROL EVIDENCE RULE'' 29
Supp. to § 572B Introductory: Some Tentative Working Rules of Substantive Law
Supp. to § 572C The Purposes Underlying the ''Parol Evidence Rule''
Supp. to § 573 The Rule Is a Rule of Substantive Contract Law, Not a Rule of Evidence
Supp. to § 573A Parol Evidence of Later Agreements Under the Uniform Commercial Code
Supp. to § 574 All Contracts Can Be Discharged by a Substituted Agreement
Supp. to § 574A Subsequent Agreements Under the Uniform Commercial Code
Supp. to § 575 Statute of Frauds Compared With the ''Parol Evidence Rule''
Supp. to § 576 Does the ''Parol Evidence Rule'' Exclude Parol Evidence?
Supp. to § 577 Evidence That No Contract Has Been Made or That an Existing Document Was Not Executed as a Contract
Supp. to § 578 Effect of Express Written Statement That There Have Been No Extrinsic Representations, Warranties, or ...
Supp. to § 579 Parol Evidence Admissible for Purposes of Interpretation
Supp. to § 580 Oral Proof of Fraud, Illegality, Accident, or Mistake
Supp. to § 581 Partial Integration-Reduction of Only Part of an Agreement to Writing
Supp. to § 582 Evidence That the Writing Was Not Assented to as a Complete and Accurate Integration
Supp. to § 583 Oral Testimony of Additional Terms Not Expressed in Writing
Supp. to § 584 Rule in Restatement, Contracts, Section 240(1)
Supp. to § 585 Additional Oral Promises and Warranties
Supp. to § 586 Evidence Showing the True Consideration and That Acknowledgment of Payment Is Untrue
Supp. to § 587 Deeds, Leases, Bonds, Bills and Notes Are Generally Not Complete Integrations of a Contract
Supp. to § 588 What Is a ''Written Contract,'' or an ''Integration''? A Note or Memorandum Is Not an ''Integration''
Supp. to § 589 Evidence That a Written Contract Is Subject to an Oral Condition
Supp. to § 590 Proof of Fundamental Assumptions on Which Agreement Was Based
Supp. to § 591 Evidence That One Promise in a Contract Is Conditional Upon a Return Performance-Failure of Consideration
Supp. to § 592 Evidence of Oral Conditions Not Constituting the Agreed Exchange
Supp. to § 593 Oral Evidence Admissible to Overcome Presumptions and Inferences
Supp. to § 594 Oral Testimony Admissible to Prove a Collateral and Separate Agreement
Supp. to § 595 Question of Law or Question of Fact
Supp. to § 595A The Rule as a Process for Controlling the Jury
Supp. to § 596 Application of the Rule for or Against Third Persons
CHAPTER 27 CAPACITY OF PARTIES 18